The 3 Rs

Poxyshamrock

Hi, I bought a jumper over the weekend and when I took it home I realised there was a big hole in the jumper that I didnt notice in the shop.

Now the shop that I got it in says exchanges only at the moment cos of a sale.

The fact that my purchase was faulty leads me to believe I am entitled to a refund, repair or replacement (correct me if I'm wrong)

And If I am entitled to one of the 3 Rs, do I get to choose which one?

Thanks

Welease

Essentially you can get one of the 3 R's.

The law does not specify who can choose.. The generally accepted practice is that the shop will choose, and if you are not happy with their choice then you can persue the matter through the Small Claims Court. However, the court is unlikely to find in your favour if you have been offered a reasonable solution (i.e. replacment) and you refuse just because you want a refund.

Kimbot

No you get no choice.

They can offer all 3 but generally they will offer to repair/replace first and if all else fails then it will be a refund.

Just go back and tell them you want it replaced straight away! If not your time limit on returns will be affected and they may say that you are not entitled to anything then.

Poxyshamrock

Thanks!

dudara

Was the jumper on sale? And was it marked as damaged if it was on sale?

If it wasn't marked as damaged, then your rights are unaffected. But as others have said, it's generally at the shops discretion.

jor el

Poxyshamrock wrote: »

Now the shop that I got it in says exchanges only at the moment cos of a sale.

The sale doesn't effect your rights, but since the offered an exchange, then they've upheld their responsibilities. If they had refused everything, then you'd have a case.

They can't restrict your right to seek further redress, because of the sale, but refusing their offer of an exchange would not be in your best interest, unless you had a good reason for doing so.

Jev/N

In some instances the merchantable quality provision might not be available to you if you inspected the goods in the shop and would have been obvious on such inspection